Bayer Statement on Johnson Cert Petition Filing Deadline

March 19, 2021 – Bayer said today that, after careful and extensive consideration, it has decided not to file a petition for certiorari with the U.S. Supreme Court in the case of Dewayne Johnson v Monsanto, which will bring an end to this California state case.

“The decision is not based on the merits of this case but reflects strategic considerations that the Hardeman case, tried in federal court and currently pending in the United States Court of Appeals for the Ninth Circuit, will serve as a better case for review by the Supreme Court. Bayer has great sympathy for Mr. Johnson and all people battling cancer yet continues to believe the Johnson verdict is not supported by the evidence or the law.

“Several factors contribute to making the Johnson case a less desirable candidate for Supreme Court review, including that the underlying opinion was issued by an intermediate level state court and the portion dealing with the key issue of federal preemption is unpublished, and thus will have no bearing on any case besides Johnson.

“In contrast, the Hardeman case, regardless of its outcome in the U.S. Court of Appeals, is a better candidate for Supreme Court review because the intermediate federal court is expected to publish a decision addressing the most significant federal questions at issue in the Rounduplitigation, including preemption and the admissibility of expert evidence.”